Opinions Nov. 16, 2012

November 16, 2012
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Indiana Court of Appeals
Marybeth Lebo v. State of Indiana
Criminal. Affirms trial court’s judgment in denying motion to dismiss charges of failure to report child abuse or neglect. Lebo argued the charges were not permissible because they came after the statute of limitations had passed but the COA disagreed, finding the Legislature’s intent was to make the failure to report a continuing offense. Otherwise, the court stated, the duty to report would be limited to the day on which the individual comes to believe abuse is taking place.

The Marling Family Trust v. Allstate Ins. Company
Civil tort/trust. Reverses the trial court grant of summary judgment in favor of Allstate and remands to determine whether the loss is covered under an insurance policy. The trust purchased a house at sheriff’s sale after a foreclosure but had established an equitable lien in policy proceeds under an existing homeowner’s policy and therefore was entitled to receive funds from the policy in the event of an insured loss, the appellate court held.

Kohl's Indiana, L.P. and Kohl's Dept. Store, Inc. v. Dennis Owens, et al.
Civil plenary. Affirms trial court grant of summary judgment in favor of the Evansville-Vanderburgh County Area Plan Commission and the Board of Commissioners of Vanderburgh County, holding that neither body accepted a common obligation to complete the project to build a Kohl’s department store on the west side of Evansville, and that Kohl’s cannot recover on a theory implied in law because a contract with the Board of Commissioners required Kohl’s to complete public infrastructure improvements at its expense.

Sharmain J. Smith v. State of Indiana (NFP)
Criminal. Affirms conviction of illegal possession of a firearm by a serious violent felon.

Roosevelt D. Brooks v. State of Indiana (NFP)
Post-conviction relief. Affirms denial of post-conviction relief.

Mattie A. Tedrow and Mary L. Pierson v. Coyeville Belcher as Personal Rep. of the Estate of Everett D. Belcher, Jr.; and Lynn R. Belcher (NFP)
Estate/unsupervised. Affirms trial court decision to uphold the will of Tedrow and Belcher’s father.

William Emry v. State of Indiana (NFP)
Criminal. Affirms revocation of probation.

BCC Products, Inc. and Roger Brunette, Jr. v. Roger Brunette, Sr., and Pauline Brunette (NFP)
Collections. Affirms trial court decision in favor of defendants.

Albert Lindsey v. State of Indiana (NFP)
Criminal. Affirms conviction and enhancement of a count of trespassing from a Class A misdemeanor to a Class D felony.

Bernard Simmons v. State of Indiana (NFP)
Criminal. Affirms six-year sentence for Class C felony criminal confinement.

Jerry Kaiser, Jr. v. State of Indiana (NFP)
Criminal. Affirms convictions of Class B felony dealing methamphetamine and Class D felony possession of methamphetamine.

Michael Ramos v. Robertson's Apartments (NFP)
Small claims. Affirms trial court denial of request for appointment of guardian ad litem and request for damages in excess of the small claims jurisdictional maximum.



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  1. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  2. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  3. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  4. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...

  5. Its a valid lawsuit. Since the civil war, States have no rights anyways. Get over it, people! You are all subjects now and merely "citizens of the world" anyways, with human rights and all that. Gov'nor knows that. This is just grandstanding to try and appease the red state troops still smarting over the "Gay rights" shoved down their unwilling throats. Gotta keep them "voting" in the kayfabe elections! After all, since nobody cares about the tens of millions of Mexicans here, what's a few Syrians going to do, anyways? Guess we'll find out! LOL